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1-5 Antitrust 1 (1978-1984)

handle is hein.abarchive/antirs0001 and id is 1 raw text is: fntitRUst Published by the Volume 1 Section of Antitrust Law Number 1 American Bar Association Winter 1978 National Institute Lifts Veil on Grand Jury Secrecy by Barbara A. Reeves The 1978 National Institute on Representing a Client Before the Grand Jury took place January 25-26 in Los Angeles. Judges, government lawyers and members of the private antitrust bar presented a practical program aimed at civil practitioners who may be relatively un- familiar with criminal grand jury proceedings. The pro- gram provided participants with a comprehensive check- list of the issues and options which should be considered by an attorney whose client is faced with a criminal anti- trust investigation. The 1978 Institute carried forward on many of the features that contributed to the tremendous success of the 1977 New Orleans Institute, Trial of an Antitrust Case. Professors Dorsey Ellis and James Meeks of the University of Iowa Law School prepared a simulated set of factual materials. The setting was the electronic cash register in- dustry, a segment of the office equipment industry. The industry, composed of three large and two small firms, was the subject of a grand jury investigation into price fixing. Although there was solid evidence of a price-fixing conspiracy during the 1960s, there was also evidence tending to indicate that the conspiracy had terminated in Continued on page 10 Kennedy Reviews Work of Subcommittee,Il/inoisBrick by Senator Edward M. Kennedy The Senate Subcommittee on Antitrust and Monopoly is charged with responsibilities relating to maintaining and strengthening the competitive forces in the U.S. economy Under the able leadership of the late Senator Philip Hart the Subcommittee developed significant data on industria concentration, forged strong legislation to improve anti- trust enforcement, and in- fluenced legislative and ad- Senator Edward Kennedy ministrative activities on many fronts to ensure considera- tion of competitive implications. His integrity and dedication will provide a lasting influence for the Sub- committee and the Congress. I view our activities as falling into three major cate- gories: first, increasing the effectiveness of the antitrust laws and their enforcement agencies; second, improving the competitive performance and structure of key sectors of our economy; and third, reducing the anticompetitive influence of federal regulation. Each of these areas in- volves the Subcommittee in legislative, investigative, and oversight efforts. The Subcommittee's first undertaking in the 95th Con- gress involved oversight of antitrust enforcement. Five days of hearings revealed that there is much room for im- provement in the way the FTC and the Antitrust Division enforce the antitrust laws. For instance, the priorities of these agencies need to be re-examined, there is a need for more coordination between the two agencies, and the handling of major cases needs to be improved. Many of the problems uncovered stem from the need of these agencies for more resources to deal on a more equal footing with the companies against which they litigate. Although the Subcommittee will very actively continue this oversight function next year, some tangible improve- Continued on page 8